US Applicant and Team Member Privacy Policy (CPRA Compliant) 

Effective January 1, 2023 

1. Background

Your privacy is important to us, and we’re committed to the protection of your privacy in your employment with us. To ensure we are meeting our responsibilities and duties as your employer, we collect, process, and maintain different types of Personal data in regard to your employment. This Privacy Policy describes what Personal Data SleepScore Labs, as well as any of our subsidiaries, affiliates, and related entities (together, the “Company”) collects about you as a prior, current, future team member or independent contractors (“team member”).

This Privacy Policy covers what Personal Data we collect about you, how the Personal Data will be used and shared (if at all), how the Personal Data will be stored, and your rights in relation to the collection of your Personal Data during, before, or after your employment with the Company. It also describes how you can access, modify, and if needed, request deletion of your Personal Data. This Privacy Policy also covers how your Personal Data is handled by our third-party data processors.

2. What is Personal Data?

Personal Data, also known as personal identifiable information, for the purposes of this Privacy Policy, means any information that directly and clearly identifies an individual or can use used in combination with other information to identify an individual.

Sensitive Personal Data is a subset of personal information that may be more sensitive in nature for the individual concerned, such as race and ethnic information or health information.

We may collect certain categories sensitive data, as defined under relevant applicable law. If you are asked for any of these categories of data, you may request the purpose for which the data is required and refuse to provide it, if desired. We collect and process the following sensitive Personal Data only through voluntary disclosure for our legitimate business purposes, including to carry out any legal obligations and responsibilities as needed and required, for example payroll or benefits administration.

3. What Are My Rights?

– The right to know what Personal Data is being collected, used and stored and the right to access your Personal Data.

– The right to correct inaccurate or incomplete Personal Data.

– The right to delete personal information, subject to certain exceptions such as if the business is legally required to keep the information.

– The right to know what personal information is sold or shared and to whom.

– The right to opt out of sale or sharing of personal information.

a. SleepScore Labs does not sell team member Personal Data.

– The right to limit the use and disclosure of sensitive personal information.

– The right against retaliation if you choose to opt-out or excise your other rights.

If you have any cause for complaint about our use of your Personal Data, you have the right to lodge a complaint with the California Privacy Protection Agency www.cppa.ca.gov.

4. What Personal Data Do You Collect?

We collect different types of Personal Data in different ways. Some of the Personal Data gathered is automatic (through technologies which give us information about you), and some of the information is given by you directly to us.

To ensure that we are meeting our responsibilities and duties as your employer, we collect, process, and maintain different types of Personal Data in regard to those individuals who seek to be, are, or were employed by us, including, but not limited to:

– Basic Personal Data including name and address, date of birth and contact details.

– Job application, resume/CV, and references.

– Information from interviews or phone screenings.

– Date of hire, date(s) of promotions, work history, technical skills, educational background, professional certifications, language capabilities, training records, team member relations issues/complaints, company documents or polices signed by you, and performance evaluations.

– Where permitted by law and applicable, we may collect the results of credit and criminal background checks, screenings, health certifications, driving history and vehicle registration.

– Contract of employment or employment agreement.

– Emergency contact or beneficiary information.

– Social Security Number or other Tax ID/government identification number.

– Passport, Driving Licence, or other personal identification number.

– Work permits (if applicable).

– Wage and payroll information including banking information, salary and bonus information, stock information, retirement information, commissions/incentive plans, and tax information.

– Health and welfare benefit information including dependant information, sick pay, statutory leaves of absences, physical limitations and/or special needs to provide reasonable accommodations or health & safety/OSHA obligations.

– Equal Employment Opportunity (EEO) information such as gender, nationality, race, ethnicity, marital status, or other demographic information.

– Acknowledgements regarding our policies, including employee handbooks, ethics and/or conflicts of interest policies, and computer and other corporate resource usage policies.

– Information captured on security systems and key card entry systems.

– Voicemails, e-mails, correspondence, documents, and other work product and communications created, stored, or transmitted for professional or job-related purposes using our networks, applications, devices, computers, or communications equipment.

– Date of resignation or termination, reason for resignation or termination, information relating to administering termination of employment.

– Record of any work-related accidents or incidents.

5. How Do You Use My Personal Data?

We use the information that we collect about you to effectively run our business and to help us provide a pleasant, safe, and productive work environment for you.

Specifically, we use Personal Data in:

– Recruitment and hiring process including background and credit checks (as needed), employment eligibility verification, identity verification, immigration status/work permits, employment and education history, professional qualifications, professional memberships, and references information.

– Training, career development and progression, performance management, talent management, succession planning, resolving employee issues/complaints and any other informal or formal HR processes.

– Administering total rewards and compensation programs including salary information, time and attendance logs, health and wellness benefits, retirement/401K plans, incentive and stock programs, PTO requests and sharing relevant information with payroll and benefits providers.

– Processing health information for leave of absence administration, reasonable accommodation processes, fitness for duty, return to work, and other decisions around continuation of employment.

– Business management and planning, including assigning job duties and responsibilities.

– Supporting HR administration and management and maintaining and processing general records necessary to manage the employment relationship.

– Operating email, IT, internet, intranet, social media, HR related and other company policies and procedures. The company carries out monitoring of SleepScore Labs’ IT systems to protect and maintain the systems, to ensure compliance with SleepScore Labs policies and to locate information through searches where needed for a legitimate business purpose.

– Complying with applicable business or employment laws and regulations.

– Monitoring programs to ensure equality of opportunity and diversity regarding personal characteristics protected under local anti-discrimination laws.

– Planning, due diligence and implementation in relation to a commercial transaction or service transfer involving SleepScore Labs that impacts on your relationship with SleepScore Labs, for example mergers and acquisitions.

– Planning and executing organizational restructuring or other change programs including appropriate consultation, selection, alternative employment searches and related management decisions.

– Working with Third-Party customer and suppliers including the disclosure of relevant information in line with the appropriate requirements for the provision of services to SleepScore Labs.

– Publishing appropriate internal or external communications or publicity material including via social media in appropriate circumstances, provided that privacy rights are preserved.

– Conducting team member engagement surveys. These will often be anonymous but may include employment data to support analysis or results.

– Enforcing our legal rights and obligations, and for any purposes in connection with any legal claims made by, against or otherwise involving you.

– Complying with lawful requests by public authorities, including without limitation to meet national security or law enforcement requirements, discovery requests, or where otherwise required or permitted by applicable laws, court orders, government regulations, or regulatory authorities including without limitation data protection, tax and employment, whether within or outside your country.

– Other purposes permitted by applicable privacy and data protection legislation including legitimate interests pursued by SleepScore Labs where this is not overridden by the interests or fundamental rights and freedoms of team members.

6. How do you keep my data secure and confidential?

We employ organizational and technical security measures to protect your Personal Data, such as limiting access to your Personal Data, secured networks, and encryption. We ensure that your Personal Data is protected against unauthorized access, disclosure, or destruction by utilizing practices that are consistent with standards in the industry to protect your privacy.

Please note, however, that no system involving the transmission of information via the Internet, or the electronic storage of data is completely secure, no matter what reasonable security measures are taken. Although we take the protection and storage of your Personal Data very seriously, and we take all reasonable steps to protect your Personal Data, we cannot be responsible for data breaches that occur outside of our reasonable control. We will, however, follow all applicable laws in the event a data breach occurs, including taking reasonable measures to mitigate any harm as well as notifying you of such breaches as soon as possible.

7. Data Sharing

We only share your Personal Data when to those individuals and entities who assist in fulfilling our responsibilities within the employment relationship with you or when required to do so by applicable law (collectively, “Third-Party Service Providers”). These Third-Party Service Providers include, but are not limited to, the website in which you submitted your employment application, recruiting/employment agencies, payroll providers, Form I-9 processing systems, health and wellness benefits brokers and providers, retirement/401K providers, Workers Compensation and general liability insurance providers, and others similarly situated to assist in the employment relationship, as well as any local, state, or federal agencies where required.

We use these Third-Party Service Providers to help us operate the Company, but we’ll never share your Personal Data other than as described here without your explicit consent. Personal Data will only be disclosed if such Third-Party Service Providers agree to ensure an adequate level of protection of your Personal Data that is consistent with this Privacy Policy. Please note that the Third-Party Service Providers that we utilize will access your Personal Data only on an “if needed” basis as a part of their partnerships with us. If you have any questions as to how these Third-Party Service Providers handle your Personal Data, you may contact them or us.

In certain cases, we may have to disclose your Personal Data to third parties without your consent or prior knowledge. We limit that disclosure to the following circumstances:

– To protect our legal rights.

– To satisfy any local, state, or Federal laws or regulations.

– To respond to requests, such as discovery, criminal, civil, or administrative process, subpoenas, court orders, or writs from law enforcement or other governmental or legal bodies.

– To bring legal action against an Employee who has violated the law.

– In the case of any business transfer, sale, or transfer of assets of the Company.

– To generally cooperate with any lawful investigation about our past, present, or potential employees.

– If we suspect any fraudulent activity within or in relation to the Company, or if we have noticed any activity which may violate our ethics, guidelines, or other applicable rules.

8. Data Transfer

Our Us Headquarters is in Carlsbad, California. Your Personal Data may be transferred from the location in which you reside to our physical location in the United States. It may also be transferred to third parties, as described above, located in the United States. The risks of transferring data outside of your jurisdiction to the United States include the possibility of data breaches and loss. We will continue to process your Personal Data in the manner described herein, and if we change anything about how we handle your Personal Data, including the international transfer of your Personal Data, we will seek your explicit consent again.

9. How Long Will You Keep My Personal Data?

We only store your Personal Data as long as it is needed to provide you with the benefits and protections during your employment with SleepScore Labs until you exit the company. We may also store your Personal Data after termination of employment for a specific time as required by local, state or federal law. To request more information about our data retention policy, please contact Human Resources at HR@sleepscorelabs.com or access it here.

10. How Can I Access My Personal Data?

You can ask to see the Personal Data we hold about you. We try to ensure that the information in our possession is accurate, current, and complete. If you believe your Personal Data is incorrect or out of date, you can request a revision or correction.

If you want to review, verify, or correct your information, please submit a request to Human Resources at HR@sleepscorelabs.com. NOTE: any request to you by use to correct or delete Personal data may not result in deletion of any information submitted by you to a Third-Party provider. You may need to contact the Third-Party directly to request corrections or deletions.

11. How Do I Contact You?

To contact us regarding your Personal Data and data protection, please contact our Data Protection Officer at DPO@sleepscorelabs.com.

12. Changes to this Privacy Policy

We may change this Privacy Policy from time to time. This may be necessary, for example, if the law changes, or if we change our practices in a way that affects Personal Data protection.